Kearney, Nebraska
August 28, 2007
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on
August 28, 2007 in the Council Chambers at City Hall. Present were:
Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney, and Bob Lammers. Absent: Bruce
Lear. Michael Morgan, City Manager; Michael Tye, City Attorney; Julie
Steffensmeier, Administrative Assistant; Wendell Wessels, Director of Finance
and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: JoAnn Lilly, Kent Lilly, Elaine Wiseman, Roger Jasnoch, Paul
Younres, John Lowe, Lance Handley, Todd Schirmer, Jay Beckby, Jeremy Nore, Mike
Konz from Kearney Hub, Sara Gibboney from Kearney Hub, Paul Wice from KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I.
ROUTINE BUSINESS
INVOCATION
A representative from the Kearney
Ministerial Association provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts John Sullivan and Daniel
Gibbs from Troop 158 led the Council members and audience in the Pledge of
Allegiance.
ANNOUNCEMENT
Mayor Clouse announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
RECOGNITION – OUTGOING BOARD
MEMBERS
Mayor Clouse and Council Members
recognized and presented a Service Award to the following outgoing board
members: B.M. Stevenson, Airport Advisory Board; Randy Pallas, Downtown
Improvement Board; Gary Hogg, Park & Recreation Advisory Board; and JoAnn
Lilly, Planning Commission.
PRESENTATION BY ROGER JASNOCH –
KEARNEY VISITORS BUREAU
Roger Jasnoch Director of the
Kearney Visitors Bureau updated the Council concerning the Kearney Visitors
Bureau. The City and the Visitors Bureau have been in partnership since 1996
when the occupation tax was first implemented. Kearney has grown to be the
third largest destination in terms of conventions and special meetings.
Kearney has passed up North Platte and Grand Island in the past few years and
the intent is not to give up our position. Some of our hospitality resources
that have been expanded include non-profit attractions, and also hopefully some
for profit businesses. Attractions like the Archway and the Arena
continue to make our tourism industry grow. We also have additional
attractions which include 1,500 sleeping rooms and over 50 restaurants. The
future is not without competition because of our friends in Grand Island and
North Platte, Lincoln and Omaha that continue to raise the bar. The fact that
they keep business coming back each year will require more resources to get
those conventions and special events time after time.
Mr. Jasnoch gave an overview of
their past and current budgets.
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The majority of printing goes towards
the two color brochures distributed by the Visitors Bureau. Co-op advertising
is done in connection with the State Tourism Office which is part of the
Nebraska Fulfillment piece. The State buys a particular ad in a popular
magazine and allows communities like Kearney to buy a discounted ad. This
year they estimate that the Archway is going to exceed about a 140 motor
coaches that will stop during the year. Many do not stay overnight, but
persuading them to do so is the goal. Promotions include Internet, brochures
distributed in 8-9 of the surrounding states and a conservative amount on
Sandhill Crane advertising during the spring because people literally come from
all over the world to see them. They also do some professional directory
advertising, as well as I-80 brochures. They advertise in their north central
regional AAA handbook. Conventions, in the past required them to do name
tags and registrations, but recently the requests include speakers, programs,
etc. To meet those convention needs, more and more dollars are
required. To meet technology needs, they have tried to replace at least
one work station each year. Special projects and special events include
the two national tournaments that were held at UNK last year. They help
with Mr. Basketball, Cruise Nite, and the Outdoor Expo with the Game and Parks
Commission. They host several state competitions, district music, speech/
debate, Art in the Park plus many others during the year.
There has been a reallocation in
some areas of the new budget because of the commitment they made toward the
Archway in terms of additional dollars earlier this year. Convention
funds were increased. Under technology they are adding some software to
better track their conventions, special events and motor coaches. They have
about 700 different groups on their convention list right now. They
attract a several special events and track about 350-400 motor coaches.
They have made some commitment for the 4th Street project that was announced
earlier this year which is also included in this year’s budget. They are doing
some co-op marketing with the Event Center as part of an agreement with them on
some different projects. They have a reserve fund for things that are not
budgeted for that come up during the year.
Mayor Clouse stated the budget
looked good. The fact that when they put this agreement together with the
Visitors Bureau, including balancing the dollars that will come out of the
occupation tax, provides for all the good things that help our community grow
and thrive.
Council member Buschkoetter, who
serves as an ex-officio on the Board, stated that he thinks that the Visitors
Bureau is a very important element of our community. We are all aware of
the importance of UNK and the hospital, but one of the major industries that
our community has is visitation. Things like the hotel industry, restaurants,
sports bars etc. draw people into our community which trickles down to many
businesses that are not part of that tourism industry. It is important that the
tax payers are aware that the City is keeping an eye on the tax money coming in
and that this partnership is working. It has been a learning curve for
him since he has been on the board for the past several months. They are
heading in the right direction and the increased involvement between the
Visitors Bureau and the City is a good thing for our community as a
whole. He has found that not everything they try works, but it is
important to keep trying new things. He found they have a challenge
keeping convention business and tourism dollars.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
BOOGAARTS LIQUOR LICENSE
APPLICATION
Mayor Clouse opened the public
hearing on the Application for a Class C-78216 liquor license submitted by
FOODMART III, INC., dba “Boogaarts” located at 1615 2nd Avenue, consider the
application for Corporate Manager of Lance Handley, and to consider approval of
Resolution No. 2007-164.
Lance Handley presented this
matter to the Council. They want to do a wine tasting in their store
about once or twice a month. They want to promote the wine industry that
recently has been added to their store. He and the liquor salesmen would be
responsible for doing the tasting events. They have a sit down area to the
right of their front door that was a section built for this purpose when they
remodeled. The area is a somewhat isolated section. The store he worked for in
Hastings did two or three of these special tastings a year.
Mr. Handley stated he does the
one-on-one training with all the new cashiers. He does not have a big
staff so it is easy to train the new cashiers. Their policy is to ask for
ID from everyone who buys alcohol. Employees are provided with a read and
sign policy for the store rules and consequences. The store has had a fairly
good record of complying with all the rules. The consequence for
employees would be immediate termination if they sell to a minor.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Lammers to close the hearing and recommend approval of the Application for a
Class C-78216 liquor license submitted by FOODMART III, INC., dba “Boogaarts”
located at 1615 2nd Avenue, consider the application for Corporate Manager of
Lance Handley, and approve Resolution No. 2007-164. Roll call resulted as
follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent.
Motion carried.
RESOLUTION
NO. 2007-164
WHEREAS, FOODMART III, INC., dba “Boogaarts” has filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for a Class C-78216 (Beer, Wine and Distilled Spirits – On and Off
Sale) Liquor License to do business at 1615 2nd Avenue, Kearney, Nebraska, and
has paid all fees and done all things required by law as provided in the
Nebraska Liquor Control Act; and
WHEREAS, FOODMART III, INC., dba “Boogaarts” also filed with the Nebraska
Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska,
an application for Corporate Manager of Lance Handley; and
WHEREAS, a hearing was held relating to said application on August 28, 2007.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class C-78216 (Beer, Wine and Distilled
Spirits – On and Off Sale) Liquor License to FOODMART III, INC., dba
“Boogaarts” located at 1615 2nd Avenue, Kearney, Nebraska, and to approve the
application for Corporate Manager of Lance Handley.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E. TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
FANATICS LIQUOR LICENSE
APPLICATION
Mayor Clouse opened the public
hearing on the Application for a Class C-78257 liquor license submitted by
SPORTS FANS, LLC., dba “Fanatics” located at 2021 Central Avenue, consider the
application for Corporate Manager of Todd Schirmer, and to consider approval of
Resolution No. 2007-165.
Todd Schirmer, 5112 Avenue I,
presented this matter to the Council. He and Jay Beckby are two of the
three members of Sports Fans LCC doing business as Fanatics. Mr. Schirmer
stated that both of his other partners are currently operating other establishments.
Mr. Beckby has a bar in Hastings and also is a partner with their third
partner, Scott Johnson, in Grand Island. He has worked in the industry in
various places over the years. He has been trained in how to handle IDs
and business management. He has been in contact with the person from the
TIPS Program and each employee will be required to complete that program.
On the busiest nights, they will have someone checking IDs at the door and
bartenders will also be required to check them. They have a policy of immediate
termination for any employee found in violation.
There was no one present in
opposition to this hearing.
Moved by Lammers seconded by
Buschkoetter to close the hearing and recommend approval of the Application for
a Class C-78257 liquor license submitted by SPORTS FANS, LLC., dba “Fanatics”
located at 2021 Central Avenue, consider the application for Corporate Manager
of Todd Schirmer, and approve Resolution No. 2007-165. Roll call resulted as
follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent.
Motion carried.
RESOLUTION
NO. 2007-165
WHEREAS, SPORTS FANS, LLC., dba “Fanatics” has filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for a Class C-78257 (Beer, Wine and Distilled Spirits – On and Off
Sale) Liquor License to do business at 2021 Central Avenue, Kearney, Nebraska,
and has paid all fees and done all things required by law as provided in the
Nebraska Liquor Control Act; and
WHEREAS, SPORTS FANS, LLC., dba “Fanatics” also filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for Corporate Manager of Todd Schirmer; and
WHEREAS, a hearing was held relating to said application on August 28, 2007.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class C-78257 (Beer, Wine and Distilled
Spirits – On and Off Sale) Liquor License to SPORTS FANS, LLC., dba “Fanatics”
located at 2021 Central Avenue, Kearney, Nebraska, and to approve the
application for Corporate Manager of Todd Schirmer.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
PERMANENT AND TEMPORARY SANITARY
SEWER EASEMENT – NORTH OF THE PROPOSED STONERIDGE ADDITIONS AND WEST OF BEL AIR
ADDITION
Mayor Clouse opened the public
hearing on the proposed acquisition of a Permanent and Temporary Sanitary Sewer
Easement granted to the City of Kearney by TWL LLC on the following tracts of
land: (1) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the
South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska and more particularly described
as follows: Referring to the northwest corner of Lot 10, Bel Air First
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and
assuming the west line of said Lot 10 as bearing S00°31'04"E and all
bearings contained herein are relative thereto; thence S00°31'04"E on said
west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88
feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF
BEGINNING, said place of beginning being the centerline of a 20.0 foot strip of
land and on the west line of the City of Kearney and Central Platte Natural
Resources District Detention Cell west boundary line; thence S84°05'24"W
on said centerline a distance of 199.07 feet; thence N82°46'21"W on the
aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the
aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the
aforesaid centerline a distance of 182.08 feet to the point of termination,
said point being 1177.7 feet west of the southwest corner of said Lot 10 and
311.92 feet north of the south line of said Northeast Quarter; AND (2)
PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance
of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
on the centerline of said 20.0 foot strip of land; thence S00°19'48"E on
said centerline a distance of 311.92 feet to the point of termination, said point
being on the south line of said Northeast Quarter and 1177.7 feet west of the
southwest corner of said Lot 10; AND (3) PERMANENT EASEMENT – A 20.0 foot strip
of land being part of the South Half of the Northeast Quarter of Section 24,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and
more particularly described as follows: Referring to the northwest corner of
Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska and assuming the west line of said Lot 10 as bearing
S00°31'04"E and all bearings contained herein are relative thereto; thence
S00°31'04"E on said west line a distance of 4.72 feet; thence
S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance
of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence
N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance
of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
on the centerline of said 20.0 foot strip of land; thence S00°02'47"W on
said centerline a distance of 125.22 feet; thence S47°05'40" W on said
centerline a distance of 244.44 feet to the point of termination, said point
being on the south line of said Northeast Quarter and 1177.7 feet west of the
southwest corner of said Lot 10; AND (4) TEMPORARY CONSTRUCTION EASEMENT – An
80.0 foot strip of land being part of the South Half of the Northeast Quarter
of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska and more particularly described as follows: Referring to the northwest
corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney,
Buffalo County, Nebraska and assuming the West line of said Lot 10 as bearing
S00°31'04"E and all bearings contained herein are relative thereto; thence
S00°31'04"E on said west line a distance of 4.72 feet; thence
S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance
of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
the centerline of said 80.0 foot strip of land and on the West line of the City
of Kearney and Central Platte Natural Resources District Detention Cell west
boundary line; thence S84°05'24"W on said centerline a distance of 199.07
feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43
feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19
feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08
feet to the point of termination, said point being 1177.7 feet west of the
southwest corner of said Lot 10 and 311.92 feet north of the south line of said
Northeast Quarter; AND (5) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip
of land being part of the South Half of the Northeast Quarter of Section 24,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and
more particularly described as follows: Referring to the northwest corner of
Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska and assuming the west line of said Lot 10 as bearing
S00°31'04"E and all bearings contained herein are relative thereto; thence
S00°31'04"E on said West line a distance of 4.72 feet; thence
S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance
of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence
N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance
of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL
PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0
foot strip of land; thence S00°19'48"E on said centerline a distance of
311.92 feet to the point of termination, said point being on the south line of
said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot
10; AND (6) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being
part of the South Half of the Northeast Quarter of Section 24, Township 9
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more
particularly described as follows: Referring to the northwest corner of Lot 10,
Bel Air First Addition, an addition to the City of Kearney, Buffalo County,
Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E
and all bearings contained herein are relative thereto; thence S00°31'04"E
on said west line a distance of 4.72 feet; thence S89°28'56"W a distance
of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence
S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance
of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL
PLACE OF BEGINNING, said place of beginning being on the centerline of said
80.0 foot strip of land; thence S00°02'47"W on said centerline a distance
of 125.22 feet; thence S47°05'40"W on said centerline a distance of 244.44
feet to the point of termination, said point being on the south line of said
Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10,
all located in Buffalo County, Nebraska and to consider approval of Resolution
No. 2007-166.
Director of Utilities Kirk
Stocker presented this matter to the Council. Staff is requesting the Council
consider accepting a Permanent and Temporary Sanitary Sewer Easement from TWL
L.L.C. for three tracts of land located north of the proposed Stoneridge
Additions and west of Bel Air Addition. The City does not anticipate
constructing the sanitary sewer at this time but wanted to acquire the easement
so that the developer of the Stonerdige development does not build a sanitary
sewer main under a proposed lake. Accepting the easement allows the Stoneridge
development to continue to develop the property and the lake with the security
of having an easement for a sanitary sewer main that will serve the remainder
of the proposed development located on the west side of the proposed lake.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Clouse to close the hearing and approve the proposed acquisition of a Permanent
and Temporary Sanitary Sewer Easement granted to the City of Kearney by TWL LLC
on the following tracts of land: (1) PERMANENT EASEMENT – A 20.0 foot strip of
land being part of the South Half of the Northeast Quarter of Section 24,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and
more particularly described as follows: Referring to the northwest corner of
Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska and assuming the west line of said Lot 10 as bearing
S00°31'04"E and all bearings contained herein are relative thereto; thence
S00°31'04"E on said west line a distance of 4.72 feet; thence
S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance
of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
the centerline of a 20.0 foot strip of land and on the west line of the City of
Kearney and Central Platte Natural Resources District Detention Cell west
boundary line; thence S84°05'24"W on said centerline a distance of 199.07
feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43
feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19
feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08
feet to the point of termination, said point being 1177.7 feet west of the
southwest corner of said Lot 10 and 311.92 feet north of the south line of said
Northeast Quarter; AND (2) PERMANENT EASEMENT – A 20.0 foot strip of land being
part of the South Half of the Northeast Quarter of Section 24, Township 9
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more
particularly described as follows: Referring to the northwest corner of Lot 10,
Bel Air First Addition, an addition to the City of Kearney, Buffalo County,
Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E
and all bearings contained herein are relative thereto; thence S00°31'04"E
on said west line a distance of 4.72 feet; thence S89°28'56"W a distance
of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence
S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance
of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence
N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being on the centerline of said 20.0 foot strip of
land; thence S00°19'48"E on said centerline a distance of 311.92 feet to
the point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (3)
PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being on the centerline of said 20.0 foot strip of
land; thence S00°02'47"W on said centerline a distance of 125.22 feet;
thence S47°05'40" W on said centerline a distance of 244.44 feet to the
point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (4)
TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the
South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska and more particularly described
as follows: Referring to the northwest corner of Lot 10, Bel Air First
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and
assuming the West line of said Lot 10 as bearing S00°31'04"E and all
bearings contained herein are relative thereto; thence S00°31'04"E on said
west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88
feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF
BEGINNING, said place of beginning being the centerline of said 80.0 foot strip
of land and on the West line of the City of Kearney and Central Platte Natural
Resources District Detention Cell west boundary line; thence S84°05'24"W
on said centerline a distance of 199.07 feet; thence N82°46'21"W on the
aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the
aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the
aforesaid centerline a distance of 182.08 feet to the point of termination,
said point being 1177.7 feet west of the southwest corner of said Lot 10 and
311.92 feet north of the south line of said Northeast Quarter; AND (5)
TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the
South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska and more particularly described
as follows: Referring to the northwest corner of Lot 10, Bel Air First
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and
assuming the west line of said Lot 10 as bearing S00°31'04"E and all
bearings contained herein are relative thereto; thence S00°31'04"E on said
West line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88
feet; thence N55°49'58"W a distance of 158.33 feet; thence
S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance
of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence
N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being on the centerline of said 80.0 foot strip of
land; thence S00°19'48"E on said centerline a distance of 311.92 feet to
the point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (6)
TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the
South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska and more particularly described
as follows: Referring to the northwest corner of Lot 10, Bel Air First
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and
assuming the west line of said Lot 10 as bearing S00°31'04"E and all
bearings contained herein are relative thereto; thence S00°31'04"E on said
west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88
feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W
a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet;
thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF
BEGINNING, said place of beginning being on the centerline of said 80.0 foot
strip of land; thence S00°02'47"W on said centerline a distance of 125.22
feet; thence S47°05'40"W on said centerline a distance of 244.44 feet to
the point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located
in Buffalo County, Nebraska and approve Resolution No. 2007-166. Roll call
resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None.
Lear absent. Motion carried.
RESOLUTION NO.
2007-166
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for Permanent and Temporary Sanitary Sewer Easements; and
WHEREAS, TWL L.L.C., a Nebraska Limited Liability Company, has granted to the
City of Kearney, Nebraska, a Permanent and Temporary Construction Easements as
follows:
TRACT 1 – PERMANENT EASEMENT
A 20.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein
are relative thereto; thence S00°31'04"E on said west line a distance of
4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being the centerline of a 20.0 foot strip of land and
on the west line of the City of Kearney and Central Platte Natural Resources
District Detention Cell west boundary line; thence S84°05'24"W on said
centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid
centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid
centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid
centerline a distance of 182.08 feet to the point of termination, said point
being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet
north of the south line of said Northeast Quarter, all in Buffalo County,
Nebraska.
TRACT 2 – PERMANENT EASEMENT
A 20.0 foot strip of land being part of the South Half of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance
of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
on the centerline of said 20.0 foot strip of land; thence S00°19'48"E on
said centerline a distance of 311.92 feet to the point of termination, said
point being on the south line of said Northeast Quarter and 1177.7 feet west of
the southwest corner of said Lot 10, all located in Buffalo County, Nebraska.
TRACT 3 – PERMANENT EASEMENT
A 20.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being on the centerline of said 20.0 foot strip of
land; thence S00°02'47"W on said centerline a distance of 125.22 feet;
thence S47°05'40" W on said centerline a distance of 244.44 feet to the
point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located
in Buffalo County, Nebraska.
TRACT 4 – TEMPORARY CONSTRUCTION
EASEMENT
An 80.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the West
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being the centerline of said 80.0 foot strip of land
and on the West line of the City of Kearney and Central Platte Natural
Resources District Detention Cell west boundary line; thence S84°05'24"W
on said centerline a distance of 199.07 feet; thence N82°46'21"W on the
aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the
aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the
aforesaid centerline a distance of 182.08 feet to the point of termination,
said point being 1177.7 feet west of the southwest corner of said Lot 10 and
311.92 feet north of the south line of said Northeast Quarter, all located in
Buffalo County, Nebraska.
TRACT 5 – TEMPORARY CONSTRUCTION
EASEMENT
An 80.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said West line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance
of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being
on the centerline of said 80.0 foot strip of land; thence S00°19'48"E on
said centerline a distance of 311.92 feet to the point of termination, said
point being on the south line of said Northeast Quarter and 1177.7 feet west of
the southwest corner of said Lot 10, all located in Buffalo County, Nebraska.
TRACT 6 – TEMPORARY CONSTRUCTION
EASEMENT
An 80.0 foot strip of land being part of the South Half of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northwest corner of Lot 10, Bel Air First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and assuming the west
line of said Lot 10 as bearing S00°31'04"E and all bearings contained
herein are relative thereto; thence S00°31'04"E on said west line a
distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence
N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance
of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence
N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being on the centerline of said 80.0 foot strip of
land; thence S00°02'47"W on said centerline a distance of 125.22 feet;
thence S47°05'40"W on said centerline a distance of 244.44 feet to the
point of termination, said point being on the south line of said Northeast
Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located
in Buffalo County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Permanent and Temporary Construction Easements
granted by TWL L.L.C., a Nebraska Limited Liability Company to the City of
Kearney be and are hereby approved and accepted.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
WASTEWATER TREATMENT PLANT
ACQUISITION – ACHVIEW PROPERTY
Mayor Clouse opened the public
hearing on the proposed acquisition of a tract of land being part of accretion
abutting Government Lot 6 on the south and located in the Southeast Quarter of
Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County,
Nebraska and more particularly described as follows: Referring to the northeast
corner of Government Lot 7 in said Section 8 and assuming the east line of said
Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are
relative thereto; thence S00°10’49”W and on said east line a distance of 849.57
feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of
beginning; thence S82°52’34”W continuing on the aforesaid line a distance of
452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23
feet to the centerline of the North Channel of the Platte River; thence
N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E
continuing on said centerline a distance of 95.81 feet; thence
N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63
feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said
centerline N00°10”19”E parallel with said east line a distance of 598.32 feet
to the place of beginning, containing 5.88 acres, more or less, all located
in Buffalo County, Nebraska and to consider approval of Resolution No.
2007-167.
Director of Utilities Kirk
Stocker presented this matter to the Council. Staff is requesting the Council
approve the Purchase Agreement for a tract of land being part of accretion
abutting Government Lot 6 on the south and located in the Southeast Quarter of
Section 8, Township 8 North, Range 15 West of the Sixth Principal Meridian,
Buffalo County, Nebraska containing 5.88 acres more or less from Archview
L.L.C.
The opportunity to purchase this
property came about from the Cherry Avenue Bypass Corridor Study. The Federal
Highway Administration desires to purchase Conservation Easements on various
properties including the City Wastewater Treatment Plant and this property
believing that this parcel belonged to the City because of the wastewater
treatment plant bio-solids composting operation. The bio-solids composting is a
contractual operation performed by the owner of this property. If the
Federal Highway Administration had purchased a conservation easement for this
parcel from Archview L.L.C. it is possible that the easement would not have
allowed the composting to continue in the future. By purchasing the
property the City insures that the composting operation or any future operation
necessary for the Wastewater Treatment Plant can be conducted on the property.
The acquisition originally included approximately 11 acres; the property was
appraised at $30,800.00. Archview L.L.C. has willingly agreed to sell the
City 5.88 acres of the property for $17,640.00.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by
Kearney to close the hearing and approve the proposed acquisition of a tract of
land being part of accretion abutting Government Lot 6 on the south and located
in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the
6th P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northeast corner of Government Lot 7 in said Section 8 and
assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all
bearings contained herein are relative thereto; thence S00°10’49”W and on said
east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45
feet to the actual place of beginning; thence S82°52’34”W continuing on the
aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said
east line a distance of 637.23 feet to the centerline of the North Channel of
the Platte River; thence N48°59’35”E on said centerline a distance of 21.56
feet; thence N42°06’13”E continuing on said centerline a distance of 95.81
feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a
distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence
leaving said centerline N00°10”19”E parallel with said east line a distance of
598.32 feet to the place of beginning, containing 5.88 acres, more or
less, all located in Buffalo County, Nebraska and approve Resolution No.
2007-167. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers,
Kearney. Nay: None. Lear absent. Motion carried.
RESOLUTION NO.
2007-167
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition of a conservation easement in connection with the construction of
the Cherry Avenue Interchange and voted in favor to proceed with the
acquisition; and
WHEREAS, the City Council of the City of Kearney, Nebraska has determined the
necessity of acquiring fee simple title for a conservation easement, including
any mortgage and leasehold interests on the following tracts of property:
WHEREAS, the City Council finds and determines that it is necessary for the public
health, safety and general interest and welfare of the citizens of Kearney that
possession of the property interest as described above be acquired as soon as
possible.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that:
1. The City Attorney and City Manager be, and hereby are,
authorized on behalf of the City to complete negotiations for possession of and
fee simple title to the property set forth above; and
2. If the acquisition and possession of such property is not
possible through negotiations, the City Attorney be, and hereby is, directed to
commence eminent domain proceedings on behalf of the City of Kearney to obtain
title, acquisition, and possession of said property interests as soon as
legally possible.
BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and
directed to execute the Real Estate Purchase Agreement on behalf of the City of
Kearney with Archview, LLC, a Nebraska Limited Liability Company, a copy marked
as Exhibit “A” is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
ACQUISITION OF CPNRD PROPERTY FOR
KEARNEY NORTHEAST FLOOD CONTROL PROJECT
Mayor Clouse opened the public
hearing on the proposed acquisition to continue effectiveness of the Kearney
Northeast Flood Control Project of a tract of land being part of the Northeast
Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, more particularly described as follows: Referring to the
southeast corner of the Northeast Quarter of said Section 24 and assuming the
east line of said Northeast Quarter as bearing north and all bearings contained
herein are relative thereto; thence north on the aforesaid east line a distance
of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the
aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel
with the south line of the Northeast Quarter of said section a distance of
196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of
curvature; thence on a 5754.58 foot radius curve to the left forming a central
angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve
non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line
of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and
parallel with the south line of said Northeast Quarter a distance of 631.26
feet; thence south and parallel with the east line of said Northeast Quarter a
distance of 448.0 feet to a point on the south line of said Northeast Quarter;
thence N89°59’E and on the aforesaid south line a distance of 150.0 feet;
thence north parallel with the east line of said Northeast Quarter a distance
of 530.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 731.0 feet; thence north and parallel with the
east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E
and parallel with the south line of said Northeast quarter a distance of 350.0
feet to the place of beginning. Containing 46.921 acres, more or less, of
which 0.176 acres, more or less, are presently being used for road purposes on
the east side. Subject to, however, a 60.0 foot strip of land which is to
be reserved for future ingress-egress easement purposes with said 60.0 foot
strip of land being more particularly described as follows: Referring to
the southeast corner of the Northeast Quarter of said Section 24; thence
S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0
feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the
aforesaid south line a distance of 150.0 feet; thence north and parallel with
the east line of said Northeast Quarter a distance of 60.0 feet; thence
N89°59’E and parallel with the south line of said Northeast Quarter a distance
of 150.0 feet; thence south and parallel with the east line of said Northeast
Quarter a distance of 60.0 feet to the place of beginning, all located in
Buffalo County, Nebraska and to consider approval of Resolution No. 2007-168.
City Attorney Michael Tye
presented this matter to the Council. This property located in the northern
portion of Kearney was part of a joint project between the Central Platte NRD,
the County and the City to build a 40-acre storm water detention cell and
improve the drainage channel from northeast Kearney to the Wood River north of
the Airport. In the agreement the ownership and continued maintenance of
the detention cell would be the City of Kearney and the ownership and
maintenance of the drainage channel would be Buffalo County. The final
phase of the Northeast Drainage Project has now been completed and the 40 plus
acre detention cell is ready to be deeded over and annexed into the City of
Kearney.
The City has been working with
the Central Platte NRD in obtaining the Warranty Deed for this tract of
land. Section 18-1775 of the Nebraska Revised Statutes requires that a
city of the first class acquiring an interest in real property shall do so only
after the governing body has authorized the acquisition by action taken in a
public meeting after notice and a public hearing.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Lammers to close the hearing and approve the proposed acquisition to continue
effectiveness of the Kearney Northeast Flood Control Project of a tract of land
being part of the Northeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska, more particularly described as
follows: Referring to the southeast corner of the Northeast Quarter of said
Section 24 and assuming the east line of said Northeast Quarter as bearing
north and all bearings contained herein are relative thereto; thence north on
the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF
BEGINNING; thence continuing north on the aforedescribed course a distance of
232.16 feet; thence S89°59’W and parallel with the south line of the Northeast
Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance
of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius
curve to the left forming a central angle of 02°39’48” a distance of 267.5
feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0
feet easterly of the west line of said Northeast Quarter a distance of 1889.48
feet; thence N89°59’E and parallel with the south line of said Northeast
Quarter a distance of 631.26 feet; thence south and parallel with the east line
of said Northeast Quarter a distance of 448.0 feet to a point on the south line
of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a
distance of 150.0 feet; thence north parallel with the east line of said
Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with
the south line of said Northeast Quarter a distance of 731.0 feet; thence north
and parallel with the east line of said Northeast Quarter a distance of 240.0
feet; thence N89°59’E and parallel with the south line of said Northeast
quarter a distance of 350.0 feet to the place of beginning. Containing
46.921 acres, more or less, of which 0.176 acres, more or less, are presently
being used for road purposes on the east side. Subject to, however, a
60.0 foot strip of land which is to be reserved for future ingress-egress
easement purposes with said 60.0 foot strip of land being more particularly
described as follows: Referring to the southeast corner of the Northeast
Quarter of said Section 24; thence S89°59”W and on the south line of said
Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING;
thence continuing S89°59’W and on the aforesaid south line a distance of 150.0
feet; thence north and parallel with the east line of said Northeast Quarter a
distance of 60.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 150.0 feet; thence south and parallel with the
east line of said Northeast Quarter a distance of 60.0 feet to the place of
beginning, all located in Buffalo County, Nebraska and approve Resolution No.
2007-168. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear absent. Motion carried.
RESOLUTION NO.
2007-168
WHEREAS, City Council authorized the City Manager and City Attorney to acquire
a tract of property described as follows: a tract of land being part of the Northeast
Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, more particularly described as follows: Referring to the
southeast corner of the Northeast Quarter of said Section 24 and assuming the
east line of said Northeast Quarter as bearing north and all bearings contained
herein are relative thereto; thence north on the aforesaid east line a distance
of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the
aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel
with the south line of the Northeast Quarter of said section a distance of
196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of
curvature; thence on a 5754.58 foot radius curve to the left forming a central
angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve
non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line
of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and
parallel with the south line of said Northeast Quarter a distance of 631.26
feet; thence south and parallel with the east line of said Northeast Quarter a
distance of 448.0 feet to a point on the south line of said Northeast Quarter;
thence N89°59’E and on the aforesaid south line a distance of 150.0 feet;
thence north parallel with the east line of said Northeast Quarter a distance
of 530.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 731.0 feet; thence north and parallel with the
east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E
and parallel with the south line of said Northeast quarter a distance of 350.0
feet to the place of beginning. Containing 46.921 acres, more or less, of
which 0.176 acres, more or less, are presently being used for road purposes on
the east side. Subject to, however, a 60.0 foot strip of land which is to
be reserved for future ingress-egress easement purposes with said 60.0 foot
strip of land being more particularly described as follows: Referring to
the southeast corner of the Northeast Quarter of said Section 24; thence
S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0
feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the
aforesaid south line a distance of 150.0 feet; thence north and parallel with
the east line of said Northeast Quarter a distance of 60.0 feet; thence
N89°59’E and parallel with the south line of said Northeast Quarter a distance
of 150.0 feet; thence south and parallel with the east line of said Northeast
Quarter a distance of 60.0 feet to the place of beginning, all located in
Buffalo County, Nebraska.
WHEREAS, Central Platte Natural Resources District, a Nebraska Political
Subdivision, has granted to the City of Kearney a Warranty Deed for a tract of
land being part of the Northeast Quarter of Section 24, Township 9 North, Range
16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described
as follows: Referring to the southeast corner of the Northeast Quarter of said
Section 24 and assuming the east line of said Northeast Quarter as bearing
north and all bearings contained herein are relative thereto; thence north on
the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF
BEGINNING; thence continuing north on the aforedescribed course a distance of
232.16 feet; thence S89°59’W and parallel with the south line of the Northeast
Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance
of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius
curve to the left forming a central angle of 02°39’48” a distance of 267.5
feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0
feet easterly of the west line of said Northeast Quarter a distance of 1889.48
feet; thence N89°59’E and parallel with the south line of said Northeast
Quarter a distance of 631.26 feet; thence south and parallel with the east line
of said Northeast Quarter a distance of 448.0 feet to a point on the south line
of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a
distance of 150.0 feet; thence north parallel with the east line of said
Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with
the south line of said Northeast Quarter a distance of 731.0 feet; thence north
and parallel with the east line of said Northeast Quarter a distance of 240.0
feet; thence N89°59’E and parallel with the south line of said Northeast
quarter a distance of 350.0 feet to the place of beginning. Containing
46.921 acres, more or less, of which 0.176 acres, more or less, are presently
being used for road purposes on the east side. Subject to, however, a
60.0 foot strip of land which is to be reserved for future ingress-egress
easement purposes with said 60.0 foot strip of land being more particularly
described as follows: Referring to the southeast corner of the Northeast
Quarter of said Section 24; thence S89°59”W and on the south line of said
Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING;
thence continuing S89°59’W and on the aforesaid south line a distance of 150.0
feet; thence north and parallel with the east line of said Northeast Quarter a
distance of 60.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 150.0 feet; thence south and parallel with the
east line of said Northeast Quarter a distance of 60.0 feet to the place of
beginning, all located in Buffalo County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
IV.
CONSENT AGENDA
Moved by Lammers seconded by
Buschkoetter that Subsections 1 through 16 of Consent Agenda Item IV be
approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear absent. Motion carried.
1.
Approve Minutes of Joint City/County Budget Meeting held August 9, 2007 and
Minutes of Regular Meeting held August 14, 2007.
2.
Approve the following Claims: 2nd Wind Exercise $3,858.00 ps; AT&T $167.69
smcs; Ace Hardware $166.95 smcs; Agri Coop $24,620.71 smcs; Agro Distributing
$20.40 smcs; Airtechnics $43.87 smcs; Ala-graph Edition $56.50 smcs; Alamar
Uniforms $2,730.60 ps; Alltel $2,054.69 smcs; Almquist,R $105.00 smcs; Amax
Contracting $53.76 co; Amazon $828.24 smcs; Amer Electric $1,180.48 smcs,co;
Amer Fence $11,770.80 smcs,co; Amsan $458.72 smcs; Ancestry Product $85.70
smcs; Anderson Brothers $1,527.87 smcs; Anixter $1,581.18 co; Appliance Service
Center $499.00 co; Applied Concepts $128.00 co; ARC Network $175.00 smcs; Ask
Supply $382.80 smcs; Auto Glass Center $186.73 smcs; B&B Auto $303.60 co;
Baker & Taylor $3,591.69 smcs; BBC Audiobooks $63.50 smcs; Bear Frame &
Alignment $77.95 smcs; Becker,G $226.49 smcs; Bermuda Self Storage $847.41 co;
Best Buy $203.28 smcs; Best Lock $362.96 smcs; Blessing $28,679.35 co;
Bluecross Blueshield $109,110.14 smcs; Bobs Super Store $29.90 smcs; Boogaarts
$17.88 smcs; Bound to Stay Bound $3,502.64 smcs; Broadfoot's $160.00 smcs;
Bruce Furniture $1,168.70 co; Buckle $622.50 smcs; Buffalo Co Court $525.50 ps;
Buffalo Co Weed Authority $208.72 smcs; Buffalo Surveying $297.91 co; Buggy
Bath Car Wash $60.00 smcs; Builders Warehouse $1,154.30 smcs,co; Capital Bank
& Trust $192.30 ps; Cart Parts $51.87 smcs; Casey's $59.69 smcs; Cash-Wa
$309.60 smcs; CED Enterprise $148.90 smcs; Cellular Advantage $21.39 smcs;
Centaur Enterprises $366.76 smcs; Central Contracting $9,864.90 co; Central
Fire $76.95 smcs; Central Hydraulic $153.41 smcs; Central NE Bobcat $4.42 smcs;
Central States Tactical $2,276.40 smcs; CG Distributors $57.00 smcs; Chemguard
$1,596.38 smcs; Cherry,S $25.00 smcs; Chesterman $225.70 smcs; City of Ky
$9,252.73 smcs,ps; City Plumbing $1,357.99 smcs; Clipper Herald $105.00 smcs;
Cold Spring Granite $626.40 smcs; Cole,J $12.65 smcs; College Savings Plan of NE
$75.00 ps; Comfort Inn $62.92 smcs; Computer Pros $11.95 smcs; Computer
Warehouse #4 $17.01 co; Concrete Workers $1,607.38 co; Conserv Flag $480.34
smcs; Construction Rental $338.54 smcs; Copycat Printing $243.63 smcs;
Coralville $23.00 smcs; Cordova,T $6.94 smcs; Cornhusker Cleaning $72.53 smcs;
Correll,G $16.22 smcs; Craig,C $6.28 smcs; Crash Rescue Equipment $1,250.00
smcs; Credit Management $180.00 smcs; Crossroads Ford $644.49 smcs; Cummins
Central Power $231.83 smcs; D.I.N. Publications $289.80 smcs; DANKO Emergency
$10,595.00 smcs; Dawson Co PPD $29,220.42 smcs; Dell $2,006.64 smcs.co; Demco
$314.98 smcs; Depository Trust $112,860.00 ds; Deterdings $1,357.14 smcs;
Deturk,S $6.03 smcs; Development Council $4,996.88 smcs; Diamond Vogel $90.47
smcs; Dollar-General $7.22 smcs; DPC Industries $8,750.45 smcs; Dugan Business
Forms $1,093.43 smcs; Dutton-Lainson $822.48 smcs; Eakes $1,778.34 smcs,co;
Ebattery $89.00 co; Eickhoff,B $297.50 ps; Eileens Cookies $154.75 smcs;
Elliott Equipment $833.53 smcs; Engel,S $33.76 smcs; F&S Supply $666.13
smcs; Fairbanks $165.13 smcs; Farmers Union $1,357.12 smcs; Fastenal $1,237.09
smcs,co; Fedex $285.84 smcs; Fieldmaster Infield Groom $123.30 smcs; Fire
Engineering $245.00 smcs; Firecom $95.57 smcs; Fireguard $7,075.50 co; Galls
$1,299.32 smcs,ps; Gangwish Turf $265.68 smcs; Garrett Tires $283.56 smcs;
General Traffic Controls $39.59 smcs; Gordons Small Engine $332.05 smcs,co;
Grainger $584.61 smcs; Grand Central IGA $109.89 smcs; Great Plains Safety
$150.00 smcs; Greeley,D $23.13 smcs; Greyhouse Publishing $227.95 smcs;
Guideposts $16.94 smcs; H&H Distributing $475.56 smcs; Hach Company $471.35
smcs; Harley Davidson $143.96 smcs; Hastings $12.83 smcs; HD Supply $7,045.09
smcs; Heartland Services $775.98 co; Herman,T $13.40 smcs; Hobby-Lobby $30.61
smcs; Holiday Inn $409.44 smcs; Holiday Stationstore $32.64 smcs; Holmes
Plumbing $861.47 smcs,co; Houchin, Melanie $6.78 smcs; ICMA RC $2,778.74 ps;
IEDC Online $345.00 smcs; Intellicom $4,285.00 smcs; IRS $98,861.40 ps; Jack Lederman
$373.20 smcs,co; Jacobsen,J $40.00 smcs; Jameco/Jimpak Electronics $80.60 smcs;
Jeffres,M $55.06 smcs; Johansen,V $373.00 smcs; Johnson Service $421.60 smcs;
Johnstone Supply $29.04 smcs; Jones,J $1.45 smcs; Kayton Electric $121,433.47
co; Ky Clinic $103.00 smcs,ps; Ky Concrete $16,717.55 smcs,co; Ky Crete &
Block $32.41 smcs; Ky Hub $3,957.79 smcs; Ky Implement $241.22 smcs; Ky Towing
$365.00 smcs; Ky Visitors Bureau $33,473.59 smcs; Ky Warehouse $1,368.38 smcs;
Ky Winlectric $402.08 smcs; Ky Winnelson $58.39 co; Ky Yamaha $137.00 smcs;
Kelly Electric $160.00 co; Kelly Supply $115.41 smcs; Killion Motors $764.49
smcs; Kirkham Michael $52,755.15 smcs,co; Kreutzer,K $29.48 smcs; Lamps Plus
$105.98 smcs; Lang,L $16.50 smcs; Laser Art Design $47.50 smcs; Laughlin,K
$180.00 ps; Lawn Builders $35.40 smcs; Lawson Products $79.46 smcs; Lawyer
Nursery $392.56 smcs; LCL Truck Equipment $117.58 smcs; League of NE
Municipalities $80.00 smcs; Linnemeyer,E $22.76 smcs; Linweld $195.45 smcs;
Lips Printing $85.00 smcs; Little Caesars $166.50 smcs; Logan Contractors
$1,908.80 smcs; Luke,D $6.56 smcs; Machine and Media $913.00 smcs; Magic
Cleaning Services $660.00 smcs; Maize Corp $15.17 smcs; Manary,M $468.68 smcs;
Marchand,M $135.98 smcs; Marlatt Machine Shop $362.50 smcs; Mason Motors $23.96
smcs; McLaughlin,P $6.00 smcs; Media Management $46.50 smcs; Menards $2,073.13
smcs,co; MGS Tech $20.31 co; Microfilm Imaging $4,085.00 smcs; Mid-Kan Blueline
$1,077.12 smcs; Midland Telecom $48.00 smcs; Mid-State Units $540.00 smcs;
Midwest Lab $200.00 smcs; Midwest Turf $600.46 smcs; Miller & Associates
$4,800.00 smcs; Miller Signs $1,255.95 smcs; Miracle Recreation $1,241.24 co;
Moonlight Embroidery $883.25 smcs; Morris Press $513.60 smcs; Mr Automotive
$2,956.36 smcs; MSC Kearney $38.51 smcs; Municipal Supply $322.13 smcs; Murphy
Tractor $47.80 smcs; North Central Lab $266.92 smcs; Napa All Makes $322.49
smcs; Naslund,M $26.26 smcs; Nat'l Archives $35.75 smcs; NCS Equipment $204.64
smcs; NE Child Support $2,298.45 ps; NE Dept of Agriculture $120.19 smcs; NE
Dept of Revenue $51,031.44 smcs; NE Forest Service $187.00 smcs; NE Health
& Human $37.84 co; NE Liquor Control Comm $45.00 smcs; NE Machinery $264.79
smcs; NE Notary $139.15 smcs; NE State Library $25.20 smcs; NE Truck Center
$74,619.13 smcs,co; NE Wine & Spirits $120.62 smcs; NEland Distributors
$556.50 smcs; Networks Solutions $179.94 smcs; New World Systems $210.00 smcs;
Newegg $197.69 smcs; Norm's Plumbing $474.88 smcs; Northgate Veterinary $216.00
smcs; Northwest Electric $308.96 smcs; Northwestern Energy $159.67 smcs; Novus
$31.50 smcs; Office Depot $711.10 smcs; Office Max $874.75 smcs,co; Olive
Software $3,000.00 smcs; OMB Police Supply $713.33 smcs; O'Reilly Auto $368.72
smcs; Oriental Trading $60.72 smcs; Orscheln $526.23 smcs; Overhead Door $71.25
smcs; Padgett,R $19.96 smcs; Paramount $15.70 smcs; Patton,K $27.30 smcs;
Paypal $50.00 smcs; Pepsi-Cola $3,336.62 smcs; Perry,T $30.65 smcs; Persinger,K
$10.63 smcs; PGA Gift Shop $59.90 smcs; Pioneer Revere $265.00 smcs; Piper,P
$9.61 smcs; Platte Valley Comm $1,707.24 smcs; Platte Valley Medical $501.00
smcs; Portable Computer Systems $594.00 co; Powerplan $1,813.93 smcs; Presto-X
$346.00 smcs; QPR $1,415.99 smcs; Radioshack $16.47 smcs; Random House $335.20
smcs; Reams Sprinkler Supply $7,948.73 smcs,co; Recognition Unlimited $127.95
smcs; Recorded Books $371.10 smcs; Republic Beverage $423.34 smcs; Respond
First Aid System $119.00 smcs; Reyes,V $310.30 smcs; Rheome Tree $3,210.00
smcs; Rhino Linings $937.00 co; Riekes Equipment $52.79 smcs; Safe Center
$1,310.61 smcs; Sahling Kenworth $68.48 smcs; Sara Lee Bakery $31.65 smcs;
Schake Construction $9.35 smcs; Schwan's $673.16 smcs; Sears $3,099.97 smcs,co;
Seatbeltproscom $77.75 smcs; See Clear Cleaning $2,800.00 smcs; Sesna,D $6.00
smcs; S-F Analytical $65.00 smcs; Shell Oil $38.61 smcs; Sherwin Williams
$593.06 smcs; Sherwood,S $24.63 smcs; SI IOGear $82.34 co; Solid Waste Agency
$281.71 smcs; Steinbrinks Landscaping $219.79 smcs; Steinbrook,S $2,299.25
smcs; Sterling Distributing $292.52 smcs; Subway $245.16 smcs; Summit Heating
& Air $176.58 smcs; Sunmart $227.91 smcs; Super Shine Auto $30.75 smcs;
Sweetwater $1,799.96 smcs; Target $107.16 smcs; Telephone Systems $22.46 smcs;
Thirsty's West $10.78 smcs; Thomas,B $39.34 smcs; Thomson Gale $172.17 smcs;
Thomspson,L $60.00 smcs; Tielke Enterprise $239.79 smcs; Titelist $3,062.24
smcs; Tractor-Supply $794.65 smcs,co; Tri City Outdoor Power $788.02 smcs,co;
Turf Works $96.49 smcs; Underground Construction $400.00 smcs; Underwood Truck
$24.49 smcs; Unique Management $214.80 smcs; United Air $290.97 smcs; United
Seeds $650.00 smcs; UPS $72.78 smcs; Urbanek,G $6.94 smcs; USDA Animal Care
$85.00 smcs; USPS $108.94 smcs; Utility Safeguard $86.72 smcs; Valentino's
$6.73 smcs; Van Diest Supply $2,665.15 smcs; Walgreen $22.13 smcs,co; Wal-mart
$1,341.74 smcs; Weber,J $23.36 smcs; West Payment Center $1,440.81 smcs;
Whetstone,K $24.31 smcs; Wilke Donovans $124.39 smcs,co; World Book $1,049.00
smcs; Zimmerman Printers $21.75 smcs; Payroll Ending 8-18-2007 -- $
306,805.54. The foregoing schedule of claims is published in accordance
with Section 19-1102 of the Revised Statutes of Nebraska, and is published at
an expense of $_________ to the City of Kearney.
3.
Receive recommendations of Planning Commission and set September 11, 2007 at
7:00 p.m. as date and time for hearing on those applications where applicable.
4.
Approve the final allocation of levy authority in the amount of $132,600.00 for
the Community Redevelopment Authority of the City of Kearney for fiscal year
2007-2008 and the final allocation of levy authority in the amount of
$38,000.00 for Offstreet Parking District No. 1 for fiscal year 2007-2008 and
approve Resolution No. 2007-169.
RESOLUTION
NO. 2007-169
WHEREAS, Section 77-3443.03 of the Nebraska Revised Statutes, as amended,
requires Community Redevelopment Authorities and Offstreet Parking Districts to
submit a preliminary request for levy allocation, on or before August 1, to the
City Council; and
WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted
to the City, on July 9, 2007, a preliminary request for levy allocation in the
amount of $132,600.00; and
WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking
District No. 1, submitted to the City, on July 2, 2007, a preliminary request
for levy allocation in the amount of $38,000.00; and
WHEREAS, Section 77-3443.04 of the Nebraska Revised Statutes, as amended,
requires the City Council to adopt, by September 1, a resolution (by a majority
vote of members present) which determines a final allocation of levy authority
to the Community Redevelopment Authority and Offstreet Parking District No. 1.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Kearney, Nebraska, that, pursuant to the provisions of Section
77-3443.04 of the Nebraska Revised Statutes, as amended, that a final
allocation of levy authority of $132,600.00 is hereby approved for the
Community Redevelopment Authority of the City of Kearney for 2007 and a final
allocation of levy authority of $38,000.00 is hereby approved for Offstreet
Parking District No. 1 for 2007.
BE IT FURTHER
RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that,
pursuant to the provisions of Section 77-3443.04 of the Nebraska Revised
Statutes, as amended, that the City Clerk is ordered to forward a copy of this
resolution to the chairperson of the Community Redevelopment Authority of the
City of Kearney and the chairperson of the Downtown Improvement Board.
BE IT FURTHER
RESOLVED that this Resolution shall be in full force and effect September 1,
2007.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
5.
Authorize the City Manager, Director of Finance and Administration, and the
City Clerk to sign checks, drafts or other withdrawal orders issued against the
funds of the City on deposit with designated depositories and approve Resolution
No. 2007-170.
RESOLUTION
NO. 2007-170
WHEREAS, the Mayor and City Council have determined that it is appropriate and
proper to designate various banks as depositories for funds of the City of
Kearney.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that Wells Fargo Bank Nebraska, N.A. of Kearney, Platte
Valley State Bank & Trust Company of Kearney, Kearney State Bank &
Trust Company of Kearney, US Bank of Kearney, Nebraska National Bank of
Kearney, Commercial Federal Bank of Kearney, TierOne Bank of Kearney, Five
Points Bank of Kearney, Geneva State Bank of Kearney, and FirsTier Bank of
Kearney be and are hereby designated as city depository banks. However, such
designation as a city depository shall not be exclusive and shall not be
determined in any way to constitute a franchise to the exclusion of other
designated depositories.
BE IT FURTHER RESOLVED by the President and City Council of
the City of Kearney, Nebraska that checks, drafts or other withdrawal orders
issued against the funds of the City on deposit with said depositories be
signed by any one of the following who now hold offices or positions with the
City:
Michael W. Morgan, City Manager
Wendell R. Wessels, Director of Finance and Administration
Michaelle E. Trembly, City Clerk
BE IT FURTHER RESOLVED that all resolutions and parts of
resolutions in conflict herewith are hereby repealed and that Resolution No.
2005-52 is hereby specifically rescinded and repealed.
PASSED AND
APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
6.
Accept the Warranty Quitclaim Deed granted to the City of Kearney by Brian and
Mary Rodine in connection with the 2007 Part II Improvements – 39th Street from
2nd Avenue to Pony Express Road consisting of Paving Improvement District No.
2006-908 for 39th Street from Pony Express Road west to the east lot line of
Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No.
2007-171.
RESOLUTION NO.
2007-171
WHEREAS, City Council authorized the City Manager and City Attorney to acquire
a tract of property described as follows: a tract of land being the south 2.0
feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision to the City
of Kearney, Buffalo County, Nebraska and more particularly described as
follows: Beginning at the southeast corner of Lot 14, said point being on the
north line of 39th Street, a street in the City of Kearney, thence northerly on
the east line of said Lot 14 a distance of 2.0 feet; thence westerly parallel
with the north line of said 39th Street a distance of 130.0 feet to a point on
the east line of Pony Express Road, a street in the City of Kearney; thence
southerly on the east line of said Pony Express Road a distance of 2.0 feet to
the southwest corner of Lot 14, said point being on the north line of 39th
Street; thence easterly on the north line of said 39th Street a distance of
130.0 feet to the Point of Beginning, containing 260 Sq. Ft (0.01 Acres) more
or less, all in Buffalo County, Nebraska.
WHEREAS, Brian and Mary Rodine, husband and wife, as joint tenant and not
tenants in common, have granted to the City of Kearney a Warranty Deed for a
tract of land being the south 2.0 feet of Lot 14, Block 2, Arrowhead Hills
Subdivision, a Subdivision to the City of Kearney, Buffalo County, Nebraska and
more particularly described as follows: Beginning at the southeast corner of Lot
14, said point being on the north line of 39th Street, a street in the City of
Kearney, thence northerly on the east line of said Lot 14 a distance of 2.0
feet; thence westerly parallel with the north line of said 39th Street a
distance of 130.0 feet to a point on the east line of Pony Express Road, a
street in the City of Kearney; thence southerly on the east line of said Pony
Express Road a distance of 2.0 feet to the southwest corner of Lot 14, said
point being on the north line of 39th Street; thence easterly on the north line
of said 39th Street a distance of 130.0 feet to the Point of Beginning,
containing 260 Sq. Ft (0.01 Acres) more or less, all in Buffalo County,
Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E. TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
7.
Approve Amendment No. 1 to the Consultant’s Agreement with Kirkham Michael
& Associates in connection with the Kearney Lighting Project – Runway
13/31, Taxiway ‘B’, ‘C’, ‘D’, ‘E’, and ‘F’ (AIP Project: 3-31-0045-17) and
approve Resolution No. 2007-172.
RESOLUTION
NO. 2007-172
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President of the Council be and is hereby authorized and directed to
execute the Amendment to the Consultant’s Agreement with Kirkham Michael &
Associates for Airport Improvement Project No. 3-31-0045-17 for upgrading
lighting on Runway 13/31, Taxiway ‘B’, ‘C’, ‘D’, ‘E’, and ‘F’. A copy of the
said Amendment is marked as Exhibit “A” and is attached hereto and made a part
hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
8.
Approve the request submitted by the University of Nebraska at Kearney to
conduct a Homecoming Parade on October 6, 2007 beginning at 10:00 a.m. The
route will commence on North Railroad Street and Central Avenue, north on
Central Avenue to 27th Street, west on 27th Street to 9th Avenue. The
staging area to be blocked off beginning at 7:00 a.m. is Railroad Street from
Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd
Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th
Avenue, 20th Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad
Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D
from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd
Street. Parking will be prohibited on Central Avenue between Railroad
Street and 25th Street from 2:00 a.m. until conclusion of the parade.
9.
Approve the Application for a Special Designated License submitted by NIGHT
LIFE CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class
CK-59311 catering liquor license to dispense beer, wine and distilled spirits
in the Great Platte River Road Archway located at the 3060 East 1st Avenue on
September 22, 2007 from 4:00 p.m. until 1:00 a.m. for a wedding reception.
10.
Approve Change Order No. 2 showing a decrease in the amount of $22,486.55,
Application and Certificate for Payment No. 5-Final in the amount of
$26,475.79, and Certificate of Substantial Completion submitted by Paulsen,
Inc. and approved by Miller & Associates in connection with the 2007 Part I
Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane
Improvements (Paving Improvement District No. 2006-908) and approve Resolution
No. 2007-173.
RESOLUTION NO.
2007-173
WHEREAS, Paulsen, Inc. of Cozad, Nebraska has performed services in connection
with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic
Signalization and Turn Lane Improvements which consists of Paving Improvement
District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line
of Lot 1, Block 1, Windsor Estates Fifth Addition, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 2
showing a decrease in the amount of $22,486.55 as shown on Exhibit “A” attached
hereto and made a part hereof by reference; and
WHEREAS, the Engineer and Contractor have filed with the City Clerk Application
and Certificate for Payment No. 5-Final in the amount of $26,475.79 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$394,949.50
|
|
Change Order No. 1 (6-26-2007)
Change Order No. 2 (8-28-2007)
|
+ 73,927.80
-
22,486.55
|
|
Contract Sum to Date
|
$446,390.75
|
|
Gross Amount Due
|
446,390.75
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
446,390.75
|
|
Less Previous Certificates for
Payment
|
419,914.96
|
|
Current Payment Due
|
$
26,475.79
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of July 11, 2007, as shown by Exhibit “C” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as
shown on Exhibit “A”, Application and Certificate for Payment No. 5-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
11.
Approve Application and Certificate for Payment No. 5 in the amount of
$224,845.20 submitted by Blessing, LLC and approved by Miller & Associates
for the 2007 Part II Improvements for 39th Street from 2nd Avenue east to Pony
Express Road (Paving Improvement District No. 2006-908) and approve Resolution
No. 2007-174.
RESOLUTION NO.
2007-174
WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in connection
with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony
Express Road (Paving Improvement District No. 2006-908), and the City's
engineer, Miller & Associates, have filed with the City Clerk Application
and Certificate for Payment No. 5 in the amount of $224,845.20 as shown on
Exhibit “A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,977,660.96
|
|
Change Order No. 1 (6-26-2007)
Change Order No. 2 (7-24-2007)
|
+
61,459.75
+
4,853.68
|
|
Contract Sum to Date
|
$2,043,974.39
|
|
Gross Amount Due
|
670,928.21
|
|
Retainage
|
67,092.82
|
|
Amount Due to Date
|
603,835.39
|
|
Less Previous Certificates for
Payment
|
378,990.19
|
|
Current Payment Due
|
$
224,845.20
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 5, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
12.
Approve Change Order No. 1 showing a decrease in the amount of $1,011.00 and
Application and Certificate for Payment No. 1 in the amount of $73,963.62
submitted by Midlands Contracting, Inc. and approved by Miller & Associates
in connection with the 2007 Part III Improvements – Bid A consisting of Water
District No. 2007-547 and Sewer District No. 2007-489 for 16th Street from
Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement;
Avenue C Railroad Crossing and approve Resolution No. 2007-175.
RESOLUTION NO.
2007-175
WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services
in connection with the 2007 Part III Improvements consisting of Water District
No. 2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east
a distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad
Crossing, and the City's engineer, Miller & Associates, have filed with the
City Clerk Change Order No. 1 showing a decrease in the amount of $1,011.00 as
shown on Exhibit “A” attached hereto and made a part hereof by reference; and
WHEREAS, the Engineer and Contractor have filed with the City Clerk Application
and Certificate for Payment No. 1 in the amount of $73,963.62 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$437,741.30
|
|
Change Order No. 2 (8-28-2007)
|
-
1,011.00
|
|
Contract Sum to Date
|
$436,730.30
|
|
Gross Amount Due
|
82,181.80
|
|
Retainage
|
8,218.18
|
|
Amount Due to Date
|
73,963.62
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$ 73,963.62
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as
shown on Exhibit “A”, Application and Certificate for Payment No. 1, as shown
on Exhibit “B”, be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
13.
Approve Application and Certificate for Payment No. 11 in the amount of
$69,481.62 submitted by Sargent Drilling of Broken Bow, Nebraska and approved
by Miller & Associates for the Northwest Well Field Phase I (Municipal
Water Wells) and approve Resolution No. 2007-176.
RESOLUTION NO.
2007-176
WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in
connection with the Northwest Well Field Development; Phase I – Municipal Water
Wells, and the City's engineer, Miller & Associates, have filed with the
City Clerk Change Application and Certificate for Payment No. 11 in the amount
of $69,481.62 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$2,364,294.50
|
|
Change Order No. 1 (4-10-2007)
|
+
142,586.66
|
|
Contract Sum to Date
|
2,506,881.66
|
|
Gross Amount Due
|
1,828,405.34
|
|
Retainage
|
175,892.37
|
|
Amount Due to Date
|
1,652,512.97
|
|
Less Previous Certificates for
Payment
|
1,583,031.35
|
|
Current Payment Due
|
$
69,481.62
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 11, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY CLERK
AND EX-OFFICIO MAYOR
14.
Approve the Interlocal Agreement between the Cities of Grand Island, Kearney,
North Platte, and the Village of Alda Regarding Direct Negotiations of Rate Changes
with NorthWestern Energy and approve Resolution No. 2007-177.
RESOLUTION
NO. 2007-177
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President of the Council be and is hereby authorized and directed to
execute the Interlocal Agreement between the Cities of Grand Island, Kearney,
North Platte, and the Village of Alda Regarding Direct Negotiations of Rate
Changes with NorthWestern Energy. A copy of the said Agreement is marked as
Exhibit “A” and is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
15.
Approve Change Order No. 2 showing a decrease in the amount of $1,005.10,
Application and Certificate for Payment No. 3-Final in the amount of
$35,448.12, and the Certificate of Substantial Completion submitted by Concrete
Workers and approved by Miller & Associates in connection with the 2006
Part IV Improvements (Phase II) for the construction of sidewalks where it
currently does not exist as follows: 11th Street from 1st Avenue to Avenue A,
13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to
Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to
16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th
Street to 14th Street and approve Resolution No. 2007-178.
RESOLUTION
NO. 2007-178
WHEREAS, Concrete
Workers, Inc. of Kearney, Nebraska has performed services in connection with
the 2006 Part IV Improvements (Phase II) for the construction of sidewalks
where it currently does not exist as follows: 11th Street from 1st Avenue to
Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd
Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th
Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from
13th Street to 14th Street, and the City's engineer, Miller & Associates,
have filed with the City Clerk Change Order No. 2 showing a decrease in the
amount of $1,005.10 as shown on Exhibit “A” attached hereto and made a part
hereof by reference; and
WHEREAS, the Engineer and Contractor have filed with the City Clerk Application
and Certificate for Payment No. 3-Final in the amount of $35,448.12 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$156,640.50
|
|
Change Order No. 1 (8-14-2007)
Change Order No. 2 (8-28-2007)
|
+ 3,903.13
-
1,005.10
|
|
Contract Sum to Date
|
$159,538.53
|
|
Gross Amount Due
|
159,538.53
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
159,538.53
|
|
Less Previous Certificates for
Payment
|
124,090.41
|
|
Current Payment Due
|
$
35,448.12
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of August 13, 2007, as shown by Exhibit “C” attached
hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as
shown on Exhibit “A”, Application and Certificate for Payment No. 3-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
16.
Approve the bids received for the Belt Press Auger and Conveyor Replacement at
the Wastewater Treatment Plant and approve Resolution No. 2007-179 awarding the
bid to Marlatt Machine Shop in the amount of $109,800.00.
RESOLUTION
NO. 2007-179
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on August 23, 2007 at 2:00 p.m. for the Belt
Press Auger and Conveyor Replacement at the Wastewater Treatment Plant; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $349,000.00; and
WHEREAS, the
said engineers have recommended the bid offered by Marlatt Machine Shop of
Kearney, Nebraska be accepted as the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Marlatt Machine Shop of Kearney, Nebraska be and is the lowest
responsible bidder for the Belt Press Auger and Conveyor Replacement at the
Wastewater Treatment Plant to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Marlatt Machine
Shop in the sum of $109,800.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant
of $349,000.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
V.
CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7370 – AMEND SECTION
8-913 AND 8-917 OF THE KEARNEY CITY CODE
Currently, Chapter 8-913 of
Kearney City Code prohibits parking in excess of two (2) consecutive hours
between the hours of eight 8:00 a.m. and 8:00 p.m. on Monday through Saturday
on 24th Street from Central Avenue to Avenue A. The Board recommends removing
this street from Chapter 8-913, and amending Chapter 8-917, Prohibited in
Excess of Eight Hours, to include this block of 24th Street for 8-hour
parking.
To create more employee and
long-term spaces in Downtown Kearney, the Downtown Improvement Board is
recommending changing the parking on 24th Street from Central Avenue to Avenue
A from 2-hour to 8-hour parking. This street is currently underused by
patrons. It would be better utilized by employees of nearby businesses
and tenants of 13 East 24th Street.
The Downtown Improvement Board
approved this change at their regular meeting held August 6, 2007. Staff
recommends approval of the request to change 2-hour parking on 24th Street from
Central Avenue to Avenue A to 8-hour parking.
Council Member Buschkoetter
introduced Ordinance No. 7370, being Subsection 1 of Agenda Item V to amend
Section 8-913 “Two-Hour Parking; Generally” of Article 9 “Stopping, Standing
and Parking” of Chapter 8 “Police” of the Code of the Kearney of Kearney to
remove 24th Street from Central Avenue to Avenue A; and to amend Section 8-917
“Prohibited in Excess of Eight Hours” of Article 9 “Stopping, Standing and
Parking” of Chapter 8 “Police” of the Code of the Kearney of Kearney to include
24th Street from Central Avenue to Avenue A, and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member Clouse seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk called
the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lammers,
Kearney. Nay: None. Lear absent. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7370 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear
absent. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by
Kearney that Ordinance No. 7370 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7370 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
VI.
REGULAR AGENDA
ORDINANCE NO. 7371 – ANNEXATION OF
NRD PROPERTY (PERTAINS TO PUBLIC HEARING 5)
Mayor Clouse stated that Section
16-404 of the Nebraska Revised Statutes provides ordinances of a general or
permanent nature shall be read by title on three different days unless
three-fourths of the council members vote to suspend this requirement.
However, such requirement shall not be suspended for any ordinance for the
annexation of territory. Therefore, the title of Ordinance No. 7371 shall
be read on three different days. The first reading will take place now, the
second reading will take place on September 11, 2007 with the third reading
taking place on September 25, 2007.
Moved by Kearney seconded by
Lammers that Ordinance No. 7371 to extend the boundaries and include with the
corporate limits of, and to annex to the City of Kearney, Nebraska, a tract of
land being part of the Northeast Quarter of Section 24, Township 9 North, Range
16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described
as follows: Referring to the southeast corner of the Northeast Quarter of said
Section 24 and assuming the east line of said Northeast Quarter as bearing
north and all bearings contained herein are relative thereto; thence north on
the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF
BEGINNING; thence continuing north on the aforedescribed course a distance of
232.16 feet; thence S89°59’W and parallel with the south line of the Northeast
Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance
of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius
curve to the left forming a central angle of 02°39’48” a distance of 267.5
feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0
feet easterly of the west line of said Northeast Quarter a distance of 1889.48
feet; thence N89°59’E and parallel with the south line of said Northeast
Quarter a distance of 631.26 feet; thence south and parallel with the east line
of said Northeast Quarter a distance of 448.0 feet to a point on the south line
of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a
distance of 150.0 feet; thence north parallel with the east line of said
Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with
the south line of said Northeast Quarter a distance of 731.0 feet; thence north
and parallel with the east line of said Northeast Quarter a distance of 240.0
feet; thence N89°59’E and parallel with the south line of said Northeast
quarter a distance of 350.0 feet to the place of beginning. Containing
46.921 acres, more or less, of which 0.176 acres, more or less, are presently
being used for road purposes on the east side. Subject to, however, a
60.0 foot strip of land which is to be reserved for future ingress-egress
easement purposes with said 60.0 foot strip of land being more particularly described
as follows: Referring to the southeast corner of the Northeast Quarter of
said Section 24; thence S89°59”W and on the south line of said Northeast
Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence
continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet;
thence north and parallel with the east line of said Northeast Quarter a
distance of 60.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 150.0 feet; thence south and parallel with the
east line of said Northeast Quarter a distance of 60.0 feet to the place of
beginning, all located in Buffalo County, Nebraska be placed on first reading,
and moved that the ordinance be read by title on three different days. President
of the Council asked for discussion or if anyone in the audience was interested
in the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent.
City Clerk read Ordinance No. 7371 by title only on first reading.
ORDINANCE
NO. 7371
AN ORDINANCE OF THE
CITY OF KEARNEY, NEBRASKA, TO EXTEND THE BOUNDARIES AND INCLUDE WITH THE
CORPORATE LIMITS OF, AND TO ANNEX TO THE CITY OF KEARNEY, NEBRASKA, A TRACT OF
LAND BEING PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 9 NORTH, RANGE
16 WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED
HEREIN; TO PROVIDE SERVICE BENEFITS THERETO; TO CONFIRM ZONING CLASSIFICATIONS;
TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;
AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY
COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.
JERSEY’S SPORTS BAR MANAGER
APPLICATION
Moved by Lammers seconded by
Buschkoetter to remove from the table the Application for Corporate Manager of
Jeremy Nore submitted by JERSEY’S
SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection with
their Class I-70888 liquor license located at 5012 3rd Avenue. Roll call
resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None.
Lear absent. Motion carried.
Jeremy Nore presented this matter
to the Council. Jersey’s has been in business for about a year and half. They
just hired a full time staff trainer and her job is to make sure that they do
not tolerate any violations in their bar. They are requesting a change in their
corporate manager only.
Moved by Buschkoetter seconded by
Clouse to approve the Application for Corporate Manager of Jeremy Nore
submitted by JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar”
in connection with their Class I-70888 liquor license located at 5012 3rd
Avenue. Roll call resulted as follows: Aye: Clouse, Buschkoetter,
Lammers, Kearney. Nay: None. Lear absent. Motion carried.
KEARNEY HOUSING AGENCY ANNUAL
REPORT
Mayor Clouse opened for
discussion the Kearney Housing Agency Annual Report.
Elaine Wiseman presented this
matter to the Council. She stated the Annual Report is for their fiscal year
April 1, 2006 to March 31, 2007. Their audit report has been filed with
the City Clerk. Their payment in lieu of taxes is $255.65 has been paid
to the County Treasurer per State statues.
She reported a couple of
highlights the residents enjoyed during the fiscal year was visits from
distinguished visitors. Governor Heinemann stopped and had lunch with
them which provided a topic of discussion for many days. They also had a
visit from Senator Joel Johnson and the former mayor, Galen Hadley.
Visits from important people, make the residents feel like they are part of the
community.
On July 1, 2006, housing
authorities across Nebraska attained sales tax exemption status. Since
the inception of housing authorities, they have had to pay sales tax.
This has been a real boost to their financial situation. The Agency was
host to the Nebraska National Association of Housing and Redevelopment
Officials (NAHRO) Conference in September 2006. At that conference they
were very pleased that their maintenance supervisor, Carl Beans, was honored
with the Maintenance Person Award of the Year. They were awarded one new
grant and they still had the second year of a three-year grant for Family Self
Sufficiency (FSS) coordinator and the FSS case manager. They also received
$11,606.00 in private donations from community supporters for their congregate
meal program. They were saddened because they lost a commissioner, C.J.
Willis, who was on their board and who was very well liked.
City Manager stated that most
people do not know the scrutiny that housing authorities are under and it is an
issue in many communities because of it. Ms. Wiseman responded that she
calls it the “HUD report card”. She believed that because they are a high
performer, they were not scrutinized so heavily in 2006. However, this
summer they made up for it. Basically, they are required to do certain
things in order to attain high performer status. They must be financially
prudent and units must be turned around in a particular timeframe. They
try to do that in about a ten-day period. They are graded on their
process doing the turn around, work orders and calculating the tenants rent,
etc. Everything they do is submitted electronically to HUD which are
checked against Social Security Administration records and also employment
records for new hire reports. The housing authority is subject to physical
inspection and management reviews. The rules are constantly changing which is
very frustrating. Their rent revenues cannot be increased because they
are based on 30 percent of their resident’s adjusted gross income which is set
by federal law. Every year the rules are slightly changed so you have to
be sure that there is an understanding of the new regulations. Last year
there was a huge change in the way to calculate and just when they had that
down, they changed the rules again. They must do a lot of micro-management to
stay on top of it all. Tax payer dollars support their program, so they
must be accountable.
Ms. Wiseman stated that the high
performer status was started in the late 90’s and Kearney has always ranked as
a high performer status. They have also attained the high performer
status at Minden and Gibbon, and Shelton was rated as a standard performer this
year. She likes the high performer status because it gives them some
leeway in the sense that they might get to skip a year of having physical
inspections.
Moved by Clouse seconded by
Kearney to accept the Kearney Housing Agency Annual Report submitted by
Executive Director Elaine Wiseman. Roll call resulted as follows: Aye: Clouse,
Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.
OPEN ACCOUNT CLAIMS: STAN CLOUSE -
$334.44, PLATTE VALLEY STATE BANK - $40,529.59
Moved by Kearney seconded by
Lammers that Open Account Claims in the amount of $334.44 payable to Stan
Clouse and in the amount of $40,529.59 payable to Platte Valley State Bank be
allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter.
Nay: None. Clouse abstained. Lear absent. Motion carried.
VII.
REPORTS
None.
VIII.
ADJOURN
Moved by Kearney seconded by
Lammers that Council adjourn at 7:52 p.m. Roll call resulted as follows: Aye:
Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.
STANLEY A. CLOUSE
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK